[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76753-76756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29731]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2007-0011; FRL-9904-06-OAR]
RIN 2060-AS03


Standards of Performance for Petroleum Refineries for Which 
Construction, Reconstruction, or Modification Commenced After May 14, 
2007

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to amend the Standards of Performance for Petroleum 
Refineries for Which Construction, Reconstruction, or Modification 
Commenced After May 14, 2007. This direct final rule amends the 
definition of ``delayed coking unit'' by removing process piping and 
associated equipment (pumps, valves, and connectors) from the 
definition. This final rule also removes a redundant definition of 
``delayed coking unit'' from the rule text.

DATES: This rule is effective on March 19, 2014 without further notice, 
unless the EPA receives adverse comment by February 3, 2014. If the EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that some or all of the 
amendments in the final rule will not take effect.

ADDRESSES: Comments. Submit your comments, identified by Docket ID 
Number EPA-HQ-OAR-2007-0011, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected]. Attention Docket ID Number 
EPA-HQ-OAR-2007-0011.
     Fax: (202) 566-9744. Attention Docket ID Number EPA-HQ-
OAR-2007-0011.
     Mail: U.S. Postal Service, send comments to: EPA Docket 
Center, EPA West (Air Docket), Attention Docket ID Number EPA-HQ-OAR-
2007-0011, U.S. Environmental Protection Agency, Mailcode: 2822T, 1200 
Pennsylvania Ave. NW., Washington, DC 20460. Please include a total of 
two copies.
     Hand Delivery: U.S. Environmental Protection Agency, EPA 
West (Air Docket), Room 3334, 1301 Constitution Ave. NW., Washington, 
DC 20004. Attention Docket ID Number EPA-HQ-OAR-2007-0011. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions. Direct your comments to Docket ID Number EPA-HQ-OAR-
2007-0011. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be confidential business information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the EPA will not know 
your

[[Page 76754]]

identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
not include special characters or any form of encryption and be free of 
any defects or viruses. For additional information about the EPA's 
public docket, visit the EPA Docket Center homepage at: http://www.epa.gov/dockets.
    We request that you also send a separate copy of each comment to 
the contact person listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Shine, Sector Policies and 
Programs Division (E143-01), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, NC 27711; telephone number: (919) 541-3608; fax number: (919) 
541-0246; and email address: [email protected]. For information 
about the applicability of the New Source Performance Standards (NSPS) 
to a particular entity, contact Maria Malave, Office of Enforcement and 
Compliance Assurance (OECA), U.S. Environmental Protection Agency, 
telephone number: (202) 564-7027; fax number: (202) 564-0050; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION:
    Organization of This Document. The information in this preamble is 
organized as follows:

I. Why is the EPA using a direct final rule?
II. Does this direct final rule apply to me?
III. What should I consider as I prepare my comments for the EPA?
IV. What are the amendments made by this direct final rule?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and 
anticipate no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, we are publishing a separate 
document that will serve as the proposed rule to the Standards of 
Performance for Petroleum Refineries for Which Construction, 
Reconstruction or Modification Commenced After May 14, 2007 (40 CFR 
part 60 subpart Ja), if adverse comments are received on this direct 
final rule. If EPA receives adverse comment on all or a distinct 
portion of this rule, we will publish a timely withdrawal in the 
Federal Register informing the public that some of this rule or this 
entire direct final rule will not take effect. The rule provisions that 
are not withdrawn will become effective on the date set out above, 
notwithstanding adverse comment on any other provision, unless we 
determine that it would not be appropriate to promulgate those 
provisions due to their being affected by the provision for which we 
receive adverse comments. We would address all public comments in any 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.

II. Does this direct final rule apply to me?

    Categories and entities potentially regulated by this final rule 
include:

------------------------------------------------------------------------
                                    NAICS Code    Examples of regulated
             Category                  \1\              entities
------------------------------------------------------------------------
Industry.........................        32411  Petroleum refiners.
Federal government...............  ...........  Not affected.
State/local/tribal government....  ...........  Not affected.
------------------------------------------------------------------------
\1\ North American Industry Classification System

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
direct final rule. To determine whether your facility would be 
regulated by this direct final rule, you should examine the 
applicability criteria in 40 CFR 60.100a. If you have any questions 
regarding the applicability of this direct final rule to a particular 
entity, contact the persons listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

III. What should I consider as I prepare my comments for the EPA?

    Submitting CBI. Do not submit information containing CBI to the EPA 
through http://www.regulations.gov or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk 
or CD-ROM as CBI and then identify electronically within the disk or 
CD-ROM the specific information that is claimed as CBI. In addition to 
one complete version of the comments that includes information claimed 
as CBI, you must submit a copy of the comments that does not contain 
the information claimed as CBI for inclusion in the public docket. If 
you submit a CD-ROM or disk that does not contain CBI, mark the outside 
of the disk or CD-ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and the EPA's 
electronic public docket without prior notice. Information marked as 
CBI will not be disclosed except in accordance with procedures set 
forth in 40 Code of Federal Regulations (CFR) part 2. Send or deliver 
information identified as CBI

[[Page 76755]]

only to the following address: Roberto Morales, OAQPS Document Control 
Officer (C404-02), OAQPS, U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, and Attention Docket ID 
Number EPA-HQ-OAR-2007-0011.

IV. What are the amendments made by this direct final rule?

    Presently, ``delayed coking unit'' is defined as follows:

Delayed coking unit means a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is produced in a series of closed, batch system 
reactors. A delayed coking unit includes, but is not limited to, all 
of the coke drums associated with a single fractionator; the 
fractionator, including the bottoms receiver and the overhead 
condenser; the coke drum cutting water and quench system, including 
the jet pump and coker quench water tank; process piping and 
associated equipment such as pumps, valves and connectors; and the 
coke drum blowdown recovery compressor system.

40 CFR 60.101a. This direct final rule amends the definition of 
``delayed coking unit'' by removing the phrase ``process piping and 
associated equipment such as pumps, valves and connectors.'' Emissions 
from process piping and associated equipment (pumps, valves and 
connectors) are already covered under 40 CFR part 60, subparts GGG or 
GGGa; the controls required under this rule (40 CFR part 60, subpart 
Ja) do not address the emissions from such equipment. Rather, this rule 
addresses emissions from the delayed coking unit's process vent.
    Although we included process piping and associated equipment in the 
definition of ``delayed coking unit'' because it is necessary to 
operate the delayed coking unit, the inclusion of this equipment within 
the definition results in very minor changes, such as adding a few 
valves and connectors for a new sample point or pressure gauge, to be 
considered a ``modification'' of the delayed coking unit. This is 
because, under the definition above, these additional valves would 
increase emissions from the delayed coking unit even though the 
increase would not occur at emissions points regulated under this rule. 
See 40 CFR 60.14. This was an inadvertent result as the EPA did not 
intend for such small changes to process piping and associated 
equipment (such as pumps, valves and connectors, which, as noted above, 
are regulated elsewhere), to constitute a modification of the delayed 
coking unit under 40 CFR part 60, subpart Ja. As a result, this 
modification would require immediate compliance with the coke drum vent 
control requirements in 40 CFR 60.103a(i). Thus, we are removing this 
phrase from the definition.
    This direct final rule also removes a redundant definition of 
``delayed coking unit'' from 40 CFR 60.101a. When 40 CFR part 60, 
subpart Ja, was amended on September 12, 2012 (77 FR 56422), we added 
new definitions that preceded the old definition of ``delayed coking 
unit'' alphabetically, and we amended the then-existing definition of 
``delayed coking unit.'' However, the old definition of ``delayed 
coking unit'' was not removed from the CFR when these other changes 
were made. Therefore, this direct final rule removes the old definition 
of ``delayed coking unit,'' as it is no longer accurate and may be 
confusing to stakeholders.
    Comments on this direct final rule are to be limited to issues 
directly associated with the amended definition of ``delayed coking 
unit.''

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
because it does not change the information collection requirements. 
However, OMB has previously approved the information collection 
requirements contained in the existing rule (40 CFR part 60, subpart 
Ja) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501, et seq., and has assigned OMB control number 2060-0602. The OMB 
control numbers for the EPA's regulations are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule 
would not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small 
organizations and small governmental jurisdictions.
    For purposes of assessing the impact of this final action on small 
entities, small entity is defined as: (1) a small business whose parent 
company has no more than 1,500 employees, that is primarily engaged in 
refining crude petroleum into refined petroleum as defined by NAICS 
code 32411 (as defined by Small Business Administration size 
standards); (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    This rule will not impose any requirements on small entities, and 
no small entities are expected to incur annualized costs as a result of 
the amendments. The amendments may reduce burden for small entities 
with delayed coking units. We have determined that the amendments will 
not result in any ``significant'' adverse economic impact for small 
entities. This amendment does not create any new requirements or 
burdens, and no costs are associated with this amendment. We have, 
therefore, concluded that this final rule will relieve regulatory 
burden for all affected small entities.

D. Unfunded Mandates Reform Act

    This rule does not contain a federal mandate that may result in 
expenditures of $100 million or more for state, local and tribal 
governments, in the aggregate, or the private sector in any one year. 
The costs of the final amendments would not increase costs associated 
with the final rule. Thus, this rule is not subject to the requirements 
of sections 202 or 205 of the UMRA.

[[Page 76756]]

    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The final 
amendments contain no requirements that apply to such governments and 
impose no obligations upon them.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action does not modify 
existing responsibilities or create new responsibilities among EPA 
Regional offices, states or local enforcement agencies. Thus, Executive 
Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). The final 
amendments impose no requirements on tribal governments. Thus, 
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) as applying to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it is based 
solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures and 
business practices) that are developed or adopted by VCS bodies. The 
NTTAA directs the EPA to provide Congress, through OMB, explanations 
when the agency decides not to use available and applicable VCS.
    This direct final rule does not involve technical standards. 
Therefore, the EPA did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies and activities on minority populations and low-income 
populations in the United States.
    The EPA has determined that this direct final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The final amendments are either clarifications or 
compliance alternatives which will neither increase or decrease 
environmental protection.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of Congress and to the Comptroller General 
of the United States. The EPA will submit a report containing these 
final rules and other required information to the United States Senate, 
the United States House of Representatives and the Comptroller General 
of the United States prior to publication of the final rules in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This direct final rule will be 
effective on March 19, 2014.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: December 4, 2013.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart Ja--[AMENDED]

0
2. Section 60.101a is amended by:
0
a. Removing the first definition of ``delayed coking unit'' that occurs 
out of alphabetical order between the terms ``contact material'' and 
``corrective action'' and
0
b. Revising the second definition of ``delayed coking unit.'' The 
revisions read as follows:


Sec.  60.101a  Definitions.

* * * * *
    Delayed coking unit means a refinery process unit in which high 
molecular weight petroleum derivatives are thermally cracked and 
petroleum coke is produced in a series of closed, batch system 
reactors. A delayed coking unit includes, but is not limited to, all of 
the coke drums associated with a single fractionator; the fractionator, 
including the bottoms receiver and the overhead condenser; the coke 
drum cutting water and quench system, including the jet pump and coker 
quench water tank; and the coke drum blowdown recovery compressor 
system.
* * * * *
[FR Doc. 2013-29731 Filed 12-18-13; 8:45 am]
BILLING CODE 6560-50-P